Louisiana v. Callais · ¶188

Indeed, the majority's “things have changed” stance here is yet less defensible than in Shelby County. That is because Section 2, unlike the now-defunct Section 5, itself responds to change, so no external “fix” is needed. Section 5 selected jurisdictions for preclearance based on past conditions; so if the provision's last authorization was many years in the past, the mechanism could appear outdated. See Shelby County, 570 U. S., at 551 (“Coverage today is based on decades-old data and eradicated practices”). Section 2, by contrast, does not run on historical data. Liability attaches based only on present electoral practices and the present discrimination they “result[ ] in.” § 10301(a). A plaintiff must prove that the political process is “not equally open to participation” by all citizens at the time of suit; if he cannot, he loses. Ibid. There is thus no danger, as Shelby County put…

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